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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Maintaining my former-spouse...

  • CastleBlayneyMan
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28 Jun 12 #339636 by CastleBlayneyMan
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Can anyone advice how the courts tend to adjust spousal maintenance in the light of the receiver starting to cohabit with their new partner?

How do you prove cohabitation if it is denied?

Does cohabitation of the payer with a new partner affect the amount of spousal maintenance to be paid?

Cheers
CBM x

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28 Jun 12 #339647 by dukey
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Much depends on the terms of the order, many have a trigger to end to SM when the receiver lives with a new partner for six months or more, have a read of your order.

If your talking about variation before six months its doubtful it would be successful for the simple reason the new relationship may not last.

Proving cohabitation when denied is far from easy, the leading case law i know of is Santos v Santos which to me makes little sense, all you can do is check the electoral roll do a credit check some in the past have even asked old neighbors if a new partner lives there, one guy even sent recorded delivery mail to see who would sign for it, its all pretty much futile in court though, the bar of proof required for court is high.

Interestingly lets say the council were checking for benefit fraud they have a fairly simple rule, if a new partner stays overnight 3-5 weeknights or 4-7 in a week they are living together, simple`s, family court, way more complicated.

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04 Jul 12 #341003 by CastleBlayneyMan
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hadenoughnow wrote:

MIF is quite right. This is about NEEDs and not wants.

Your stbx needs a 3 bed home and income for her and the children. As do you.

If there are two marital properties, is there any reason why you cannot have one each? Or sell one to fund the purchase of another? Or if they are in her sole name, why should you pay for both? She could sell one to pay repair costs or rent it out to provide income. This is a short marriage - albeit with two children who need a home at least until 18.

I am a bit unclear about the business loan ... Is it a loan FOR the business or FROM the business? If it is FROM the business and was for financing marital stuff then it needs to be counted in the assets (and debts) pot and could feasibly be paid off from the available assets.

Without having the financial information, it is impossible to advise you further.


Hadenoughnow


STBX wife wants to live in the idyllic rural property and use the £150k that is sat waiting to renovate it. Which is fine, it was her Grandparents house and the money was raised off the property in order to modernise it. However she has been advised by her solicitor that the inherited(sort of) house and £35k inheritance (from another grandparent) should be "ring-fenced" and not shared at all in the asset division. It is the STBX wife''s notion that she should:
1. keep her £35k
2. use the borrowed £150k to do up the inherited farmhouse
3. sell the current family home and split the equity (£20-30k) after paying her Father back £10k that we borrowed as a deposit (we borrowed £20k and I paid £10k back in 2008)
4. receive maintenance of >£1750pcm

My solicitor et al, have advised that ours is NOT a high value divorce, and therefore none of the assets should be ring-fenced.

Had to cancel the solicitor lead mediation today because she is ill.....

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04 Jul 12 #341004 by CastleBlayneyMan
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Previously Dukey, you had said to get the SM term ordered until the youngest is at big school. Is it realistic to push to make the term at that point ie 10 years time???

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04 Jul 12 #341007 by dukey
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This is not a high value case in fact assets don`t come close to meeting respective needs, as such inheritance cannot or should not be ring fenced (ring fencing in law does not exist but everyone uses the term).

Spousal maintenance is supposed to be a bridge to the single life, so a term order, joint lives orders are only appropriate in certain circumstances, usually when the lower earner has little if any opportunity to work and earn, it should not be viewed as a life long mean ticket, in my opinion anyway.

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14 Jul 12 #343092 by CastleBlayneyMan
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We attending our first solicitor lead mediation session this....£450 just to be introduced to the idea of resolving issues and how the solicitor will go about it?!

Anyway, it has potential to sort our situation out.

My wife (SBTX :-)) is still adamant that contact with the children shouldn''t extend for more than 1 night consecutively or a night during the week as it is detrimental to our eldest''s well being, apparently. The most she will budge is to allow some trial "long" weekends over the summer but when number 1 starts school in September it will be back to Wednesday afternoon and Friday night/Saturday day.....(unless of course she is ill or needs a break - under which circumstances she does find it acceptable for me to have both children for more than 1 night consecutively)

BTW I look after my 16month old son approximately 3.5 nights per week, and during the latter half of 2011 this was actually 4 nights per week. This is because she finds it difficult coping during the day if she has had to get up overnight.

For finances the solicitor has given us an expenditure form to complete as well as E3....any advice??

Exile

ps - she is still "ring fencing" her inheritance!!

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